[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Page 37474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17843]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource Conservation and Recovery Act

    Notice is hereby given that on July 11, 1995, a proposed settlement 
agreement was lodged with the United States Bankruptcy Court for the 
Northern District of Ohio at Canton in In re SiMETCO, Inc., Case No. 
93-61772. The proposed settlement agreement settles an amended proof of 
claim filed by the United States on behalf of the United States 
Environmental Protection Agency (EPA) relating to costs incurred and to 
be incurred by the United States pursuant to Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. Sec. 9607, at the Hylebos Waterway Problem 
Areas of the Commencement Bay Nearshore/Tideflats Superfund Site (``CB 
N/T Site'') in Pierce County, Washington.
    SiMETCO filed a voluntary petition for reorganization under chapter 
11 of the Bankruptcy Code on September 17, 1993 in the United States 
District Court for the Northern District of Ohio. The United States 
filed an amended proof of claim on behalf of EPA in the Simetco 
bankruptcy on July 13, 1994, for unreimbursed environmental responses 
costs which have been and which will be incurred in the future by the 
United States under Section 107 of CERCLA, 42 U.S.C. Sec. 9607. The 
claims relate to costs incurred and to be incurred by the United States 
at the Hylebos Waterway Problem Areas of the CB N/T Site.
    Under the proposed settlement agreement, EPA's claim shall be 
allowed as an Unsecured Claim in the amount of $510,000, and paid in 
accordance with the Debtor's Plan of Reorganization that was confirmed 
on December 7, 1994. In consideration of the payments made by the 
Debtor under the settlement agreement, the United States covenants not 
to sue the Debtor pursuant to Sections 106 and 107 of CERCLA for 
response actions or response costs relating to the Hylebos Waterway 
Problem Areas of the CB N/T Site.
    The Department of Justice will receive written comments relating to 
the proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Comments should be addressed to the 
Assistant Attorney General of the Environment and Natural Resources 
Division, U.S. Department of Justice, Washington, DC 20530, and should 
refer to In re SiMETCO, Inc. D.J. Ref. No. 90-11-2-726A.
    The proposed settlement agreement may be examined at the Region 10 
Office of EPA, 7th Floor Records Center, 1200 Sixth Avenue, Seattle, WA 
98101. A copy of the settlement agreement may be obtained in person or 
by mail from the Consent Decree Library, 1120 G Street NW., 4th Floor, 
Washington, DC 20005, (202) 624-0892. In requesting copies, please 
enclose a check in the amount of $2.25 (25 cents per page reproduction 
cost) payable to the ``Consent Decree Library.''
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-17843 Filed 7-19-95; 8:45 am]
BILLING CODE 4410-01-M